PH Legal Eagles - need some advice

[fridaypassion]

Bit of an odd one this and just really trying to weigh up what my options are.

I bought a car recently (techically a trade sale as it was advertised as a trade sale on autotrader and the car was registered to a company) Agreed a price that was to include a warranty. For reasons I dont want to go into for fear of the person being identified or it jeapordising and possible future action the person in question was in a position to offer me a top notch warranty at cost price to them.

I have a text with the sale price and confirmation of warranty being offered with the sale of the car and I can get a copy of the bankers draft we had done to that value so I can "prove" that the offer of this warranty was part of the sale.

When I went to collect the car I was told the warranty paperwork would follow with the spare key (Agreed the seller could hang onto this until the draft cleared) As you can probably guess - no warranty paperwork. I've rung and text'd a few time and had one broken promise of the paperwork being with me last week and today had a text ignored.

Frankly I cannot be bothered chasing people round over things like this and I'm wondering if I have a claim if I go via the small claims court?

Before anyone starts with the easily predictable comments on I should have done this that and the other I'm not interested. I had no reason to doubt this person due to the position they hold and they seemed like a genuine person/fellow petrolhead etc. If I'm honest I'm quite dismayed at being messed about as it wasn't expected so any advice on the legal position would be greatly appreciated.

Thanks

[10 Pence Short]

One bit of advice- if you turn up at small claims with the attitude "I couldn't be bothered chasing them for the money", you are going to lose.

[fridaypassion]

• sigh*

What I cant be bothered with is chasing people round for things they should have provided as agreed. When I was buying the car the phone was answered in three rings. Now they have my money and owe me something I have contact problems. Thats not attitude its just frustration that I do not have time for. If a short sharp shock of getting court papers works then all well and good but I need to get an idea if I have a leg to stand on legally before going ahead with it.

Edited by fridaypassion on Monday 16th February 17:03

[10 Pence Short]

You can sigh all you want. What makes you think you will have credibility in court if more than 3 rings of a phone ios too much hassle for you?

Small Claims is supposed to be last resort, not a shock treatment for people who cannot be arsed to make a phone call or write a letter asking for their money.

You do realise writing a letter is both cheaper and less time consuming than filing a small claim?

[therealpigdog]

yes you do have a claim if you are not supplied with something that you paid for.

but you do need to chase for it first.

[Seight_Returns]

I can empathise with not wanting a load of hassle, but as 10PS says in so many words, you have to tell them why you think they're in breach of contract and give them the opportunity to set it right before issuing County Court proceedings against them.

Send them a letter by recorded delivery requesting the warranty docs within 14 days and say that you'll issue CC proceedings for the recovery of the retail cost of a warrenty if not forthcoming. Will only take you 5 mins and hardly a lot of hassle.

[Jasandjules]

My advice would be to put, in writing, your request for a copy of the warranty agreement etc.. within seven days. Send that recorded delivery.

If you don't do this (and chase it at least once) before issuing proceedings, you will get short shrift from the courts, they do not want their time wasted unless it is necessary, and without some proof that you have given the vendor a couple of chances before heading down the small claims route, you won't win.

[fridaypassion]

Guys thank you for your informative replies. I will write to them first and take it from there. Do you think its worth mentioning court proceedings in that letter?

Cheers.

[10 Pence Short]

fridaypassion said:

Guys thank you for your informative replies. I will write to them first and take it from there. Do you think its worth mentioning court proceedings in that letter?

Cheers.

Firstly, apologies for sounding aggressive, must be my time of the month.

Best thing is to write a letter asking for it nicely, put a time limit on it. When that passes, write another letter suggesting court action if not done by X date. Than consider your options at that point. At least you've then taken reasonable steps to get what you're owed.

[Jasandjules]

Not yet. Simply state that the advert specified the warranty and that you would be grateful for the provision of the details of the warranty within seven days.

The second letter, if you get no reply, is when you mention any possible legal proceedings.

[fridaypassion]

Great ok I'll do that. I'll be happier knowing I'm at least trying to get something done!

[Jasandjules]

In the letter I would also add in further to our Text/Phone whatever where you agreed to send me the Warranty....... Then if he replies and does not deny it, or does not reply, then he may be deemed to have accepted it.

[fridaypassion]

Good point.

Thanks again.